Oliver v. Robertson
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. M. D. Ector. Pamina Oliver, joined by her husband, sued,Thomas W. Robertson, the surviving husband of the deceased mother of Pamina Oliver, and alleged in her petition that her mother died leaving surviving her children, the issue of the marriage between herself and Robertson, whose names were given, but who were not made parties defendant.
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Appeal from Rusk. Tried below before the Hon. M. D. Ector. Pamina Oliver, joined by her husband, sued,Thomas W. Robertson, the surviving husband of the deceased mother of Pamina Oliver, and alleged in her petition that her mother died leaving surviving her children, the issue of the marriage between herself and Robertson, whose names were given, but who were not made parties defendant. The petition alleged that land and personal property mentioned constituted the community estate of Robertson and wife; that Robertson had never administered on the estate, and refused to recognize the right of…
1Opinion of the Court
Reeves, Associate Justice.
The questions for decision in this case are presented by the exceptions to the original and amended petitions. After the general demurrer, defendant’s special exceptions are:
1. That plaintiffs set out and claim to recover upon two distinct and separate causes of action and for want of proper parties.
3. Because they seek to recover for money loaned John Robertson in a suit against defendant, in which he is not a party or interested in the money loaned.
3. Because plaintiffs seek to recover the value of prop*424erty claimed Iby the wife in her own separate right, in a suit…
2Cases cited3 opinions
- Love v. RobertsonTexas Supreme Court · 1851
- Hall v. HarrisTexas Supreme Court · 1854
- Burton v. LawrenceTexas Supreme Court · 1849
3Cited by28 opinions
- Stephens v. StephensCourt of Appeals of Texas · 1927
- Ward v. HinkleTexas Supreme Court · 1928
- Kraemer v. KraemerCalifornia Supreme Court · 1877
- Brookman v. DurkeeWashington Supreme Court · 1907
- Mayor v. BreedingCourt of Appeals of Texas · 1929
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